BALISKY v BALISKY

The Applicant sought an extension of time to Appeal an Order respecting divorce and division of matrimonial property, as she had not filed a Notice of Appeal as required by Rule 14.8 within the 30 days contemplated in Rules 12.59(b), 14.4(5)(b), 14.8(2)(a)(iii), and Section 21 of the Divorce Act, RSC 1985, c 3. Justice Feehan proceeded through the analysis for extension of time to Appeal, as set out in Cairns v Cairns, 1931 CanLII 471 (AB CA), [1931] 4 DLR 819, and ultimately exercised discretion to grant the extension of time. Chief among His Lordship’s considerations was the Applicant’s medical conditions, found to constitute a special circumstance excusing the Applicant’s delay, as well as the absence of serious prejudice to the Respondent.